Thursday, November 21, 2013

TTAB Sustains Opposition to KLYMAXX in Band Name Ownership Dispute

IP Ownership maven Pamela Chestek, at her Property, intangible blog, in a posting entitled, "If There's No Evidence, How Do You Decide?," discusses (here) the Board's recent decision involving a dispute between certain members of the all-female band KLYMAXX. The Board was handed an incomplete factual record, but managed to conclude that, as between the parties, applicants Cooper and Irby either were not the first users of the mark or were not the sole owners of the mark. Cheryl Cooley v. Bernadette Cooper and Joyce Irby, Opposition No. 91189474 (November 4, 2013) [not precedential].